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South African Legal Framework regarding Trafficking in Children

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Forced to get hooked on drugs - dependency. Abuse, held captive and denied ... Section 13 right not to be subjected to slavery, servitude and forced labour ... – PowerPoint PPT presentation

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Title: South African Legal Framework regarding Trafficking in Children


1
South African Legal Framework regarding
Trafficking in Children
By Pamela Silolo
2
Trafficking in children within SA
  • In-country trafficking in children occurs mainly
    from
  • Town to city
  • Residential area to residential area
  • Residential to business area
  • Rural to urban areas
  • Province to province
  • Less wealthier to wealthier areas
  • Western Cape, Gauteng and Kwa Zulu Natal has been
    identified as major centres where trafficking in
    children occurs

3
Trafficking in children Southern Africa
  • South Africa
  • Namibia
  • Botswana
  • Zimbabwe
  • Mozambique
  • Swaziland
  • Lesotho
  • Zambia
  • Kenya
  • Malawi
  • Angola
  • North America
  • Australia
  • South East Asia
  • Western Eastern Europe

South Africa is a major destination, transit and
place of origin centre.
4
Trafficking in children - South Africa
in-country and cross border phenomenon
5
Trafficking in children - Sexual exploitation
  • Child sexual exploitation includes child
    prostitution,
  • child pornography and sex tourism. This also
    includes exchanging children as sex partners or
    as wives. In most cases the sexual exploitation
    occurs at the following locations.
  • Brothels and sex clubs
  • Hotels and holiday resorts
  • Shebeens and bars
  • Night clubs
  • Private homes
  • Streets

6
Trafficking in children - child labour
  • Children are recruited from rural areas to work
    in peoples homes in the urban suburbs
  • Children are recruited to work on farms
    agriculture, fruit and vegetable farms, cane and
    tobacco farms, Venders, hawkers, parking lot
    attendance, taxis fair collectors
  • Assistants in shops, cafes, flea markets, etc.
  • Mining, construction and manufacturing.
  • Children recruited to work as beggers
  • Children are recruited to engage in criminal
  • activities into gangs, as drug sellers and drug
  • Runners

7
Situations that place children at risk
  • Children who run away from home places of
    safety
  • Children who need to fend for themselves
  • Children in rural areas and isolated locations
  • Children who admired expensive clothes, shoes and
    cars with success peer pressure
  • Children who are addicted to alcohol and drugs
  • Girls, as well as boys who desire careers in the
    modeling, fashion, film and hospitality
    industries.
  • Children who do not have adequate adult
    supervision
  • Children who live in families where sexual abuse
    and exploitation are tolerated
  • Girl children who live in areas where gangs
    operate and individuals, networks and gangs who
    engage in prostitution as a money-making activity
  • Impact of HIV/AIDS increases childrens
    vulnerability
  • Cross border and internal migration

8
Human rights abuse experienced by children during
trafficking
  • Groomed, lured, deceived, bribed and threaten
  • Sold, bought and exchanged
  • Forced to get hooked on drugs - dependency
  • Abuse, held captive and denied freedom of
    movement
  • Sexual abuse, assault, rape, gang rape
  • Exploitation sexual and economic
  • Prostituted and used in pornography
  • Forced to work long hours like slaves
  • Forced to do dangerous work - injuries
  • Denied schooling and protection
  • Are debt bonded
  • Forced to commit crime

9
Consequences for children
  • Severely traumatised
  • Physical and psychological damage
  • Hardened and not trusting of adults and
    officialdom
  • Sexual dysfunctional behaviour - promiscuity
  • Shame and stigmatization
  • Lack of schooling and education
  • Poor self image esteem, communication and
    interpersonal skills
  • Desensitized to own exploitation view it as a
    normality

10
South African Constitution 108 of 1996
  • Section 10 right to human dignity
  • Section 12 right to freedom and security
  • Section 13 right not to be subjected to
    slavery, servitude and forced labour
  • Section 28 Bill of Rights for special
    protection of children
  • Section 28 (2) a childs best interest are of
    paramount importance in
    every matter concerning a child.

11
Childrens Act 38 of 2005
  • Chapter 18 prohibits trafficking in Children
  • - SA has added adoption to the UN definition
  • It is no defence to state that the child victim
    had consented to intended exploitation or that
    the intended exploitation or adoption did not
    occur.
  • No one or entity may let out a building or part
    of it for harbouring a trafficking victim.
  • No one may distribute information that alludes to
    trafficking by any means, incl. the use of the
    Internet or other information technology.

12
Cont.
  • The child victim must be repatriated to his place
    / country of origin and be accompanied by an
    adult.
  • Suspend parental responsibilities where it is
    suspected that the parent had trafficked the
    victim.
  • Child victim must be referred to a designated
    social worker and may be assisted with
    application for asylum.
  • Extra territorial jurisdiction

13
Cont.
  • Exploitation includes-
  • All forms of slavery or practices similar
    including debt bandage and forced marriages
  • Sexual exploitation
  • Servitude
  • Forced labour or services
  • Child labour
  • Removal of body organs.

14
Cont.
  • Chapter 15 Adoption of children
  • Chapter 16 inter-country adoption
  • The purpose of this chapter is give effect to
    the Hague Convention on Inter-country adoptions
  • to provide for the recognition of certain
    foreign adoptions
  • to find fit and proper adoptive parents for an
    adoptable child
  • to regulate inter country adoptions.

15
Basic Conditions of Employment Act 75 of 1997
  • - Section 43 makes it an offence to employ
    children under 15 years / who are under minimal
    school leaving age.
  • No child may be employed in any kind of work that
    is inappropriate for the age of that person and
    which places the childs well being, education,
    physical or mental health, spiritual, moral or
    social development at risk
  • Section 48 prohibits forced labour

16
Domestic Violence Act 116 of 1998
  • Domestic relationships taking into consideration
    parent of a child victim who has parental
    responsibilities over the child victim
  • Domestic violence allows for the inclusion of a
    variety of forms of abuse, intimidation,
    harassment, as well as any other controlling
    behaviour.

17
Prevention of Organised Crime Act 121 of 1998
  • Section 2 - Aimed at the prohibition and
    criminalisation of certain activities that form a
    pattern of racketeering
  • Section 3 - Aimed at criminalisation of persons
    that ought to have known of property that forms
    part of criminal activities and which is likely
    to have the effect of concealing, or disguising
    the nature, source, location, disposition or
    movement of the said property.

18
Cont.
  • Section 9 relates to criminalisation of gang
    members for criminal activities.
  • Provides for recovery of proceeds of unlawful
    activities as well as civil recovery of property
    due to criminal activities. Such property may
    also be forfeited to the state upon application.

19
Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000
  • It aims to give effect to the spirit of the SA
    Constitution-
  • Equal enjoyment of all rights and freedoms by
    every person
  • The promotion of Equality
  • The values of non-racialism and non-sexism
    contained in Section 1 of the Constitution
  • The prevention of unfair discrimination and
    protection of human dignity as stated in Section
    9 10 of Constitution

20
Films and Publications Act 65 of 1996
  • The Act aims to provide for the classification of
    certain films and publications and deals with
    matters arising from the production, possession
    and distribution of such classified films.
  • Section 1 (a) allows for the classification of
    publications if it contains a visual
    presentation, simulated or real of a person
    depicted as being under the age of 18
    participating in sexual conduct.
  • Possession distribution of child pornographic
    publications and films are offences

21
Immigrations Amendment Act 19 of 2004
  • Section 9 no person shall enter or depart SA
    other than at a port of entry
  • It further provides that a foreigner who does not
    have permanent residency to be in country may
    only enter by having a passport or temporary
    residence permit.
  • Section 29 foreigners who have warrants
    outstanding or a conviction from this country or
    other relating to genocide, terrorism, murder,
    torture, drug trafficking, money laundering or
    kidnapping may be prohibited to acquire temporary
    or permanent residency.
  • A foreigner who is associated with being a member
    of a group using crime or terrorism to pursue its
    ends shall also be prohibited from entering the
    country.

22
Cont.
  • Section 30 A foreigner who is a fugitive from
    justice is termed an undesirable person and may
    be refused entry into country.
  • Section 35 an immigration officer may arrest an
    illegal foreigner without a warrant and detain
    him / her in a manner and at a place prescribed
    and determined by the DG.

23
Refugees Act 130 of 1998
  • Provides for principles and standards relating to
    refugees
  • Section 32 any unaccompanied minor who is found
    under circumstances that indicate that he / she
    is in need, must be brought before the Childrens
    Court and assisted to apply for asylum.

24
Childrens Amendment Bill
  • Section 137 unlawful removal and detention of a
    child
  • Section 138 unlawful taking or sending of child
    out of Republic
  • Section 141 worst forms of child labour
    prohibited
  • Section 191 the development of child youth
    care centres for trafficked children
  • Section 214 the establishment of shelters and
    drop in centres.

25
Sexual Offences Bill
  • Contains a transitional provision relating to
    trafficking of persons for purposes of sexual
    exploitation.
  • Section 66 (5) a trafficked victim is not
    liable to stand trial for any criminal offence
    which was directed as a result of being
    trafficked.
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